Business Litigation

Our litigation attorneys at Jacobson Markham L.L.P. assist clients with every aspect of their dispute resolution needs.

Patrick Markham leads the firm’s business practice that encompasses both transactional real estate and all types of business litigation such as purchase and sale agreements, lease disputes, eminent domain and construction defect, with a focus on public and private construction law and agricultural law and related issues.  Since contracts are the foundation of most business relationships, Jacobson Markham L.L.P. is skilled at dealing with issues that arise when parties to a business transaction fail to abide by the terms of their agreement.  Our firm is able to effectively enforce contract terms and can move swiftly when needed to secure pre-trial remedies to ensure relief.

Our litigation attorneys at Jacobson Markham L.L.P. assist clients with every aspect of their dispute resolution needs.  Our litigators have a commitment to deliver high quality, cost-effective services and are experienced, innovative and aggressive in their pursuit of favorable outcomes.  We recognize that having the fortitude to take a case to trial is critical to effectively litigate a case and our cumulative trial experience is a testament to that fact.  Jacobson Markham’s approach includes thoroughly assessing client needs and concerns, with client participation in decision-making, and thoroughly analyzing case strategy and planning from the outset of the matter.

Our business litigation practice covers the full spectrum of litigation services, including trials and appeals in federal and state courts, in cases involving disputes in the following areas:


  • Construction
  • Agriculture
  • Real Estate
  •  Insurance
  • Government Contracts
  • Purchase and Sale Agreements
  • Leasing
  • Eminent Domain and Condemnation

Representative Matters

Contract and Sale

Represented sellers of real estate in trial court when buyers defaulted on promissory note. Successfully moved for summary judgment when the court rejected the buyers’ fraud defense as a matter of law. Issues are summarized in appellate opinion (handled by appellate counsel). FPI Development, Inc. v. Nakashima (1991) 231 Cal. App. 3d 367.

Lease Disputes

Represented developer/property owner in over 20 lease disputes arising from chapter 11 bankruptcy proceedings.

Eminent Domain

Jacobson Markham has successfully represented landowners and tenant farmers in eminent domain disputes regarding major infrastructure projects.

Contract Litigation

Jacobson Markham successfully defended a local public entity embroiled in a contract dispute with one of its vendors.  Plaintiff in the case sought over $100,000 in contract damages.  After knocking out some of plaintiff’s claims in summary adjudication, the case settled before trial for $2,500, saving the client thousands in further defense costs.